Tag Archives: Mortgage Fraud

Authenticate Birth Certificate

Authenticating a Birth Certificate

Jonah Bey Birth Certificate Authentication Process
Who owns YOU?
You can read the process below, or DOWNLOAD COMPLETE PDF FILE HERE.
This is a process of Authenticating a Birth Certificate. What it does, is make you the OWNER of the BC trust (a Master), not a mere trustee (a Subject). Jonah Bey Birth Certificate Authentication Process.
The Birth Certificate is the primary document used to enslave us all. Not only does it grant the state the right to take our children whenever they want, it is registered as a security at the DTC (Depository Trust Company) and used by the government as surety for public debt.
In other words, they can tax the person named on that document into oblivion to pay back federal debt. Under the democracy, as long as we keep registering our children with the State, they have an endless supply of slaves to tax for fiscal sins. The details of this process
are too involved to place here but the point is that a major step to regain your freedom is to regain Birth Title as opposed to Birth Certificate of Title.
What follows is a painless, jail-free, non-confrontational, LAWFUL, process to reclaim the status of holder in due course to the Title to YOU….
You can read the complete process by DOWNLOADING THE COMPLETE PDF FILE HERE.

CFPB goes after Wells Fargo, JPMorgan for mortgage kickback scheme

Mega banks will pay $35.7 million total

Notary Presentment Services

Notary (Administrative Process) Presentment Services:
Provided by Natural and Divine Principles, SSM

Here is a brief outline of the steps that are normally required for the notary presentment process. Click the link in the top menu or;  GO HERE

This is the simple Administrative Technology that we use to help people find a remedy for some of their financial (primarily real estate) issues. It has proven to be a powerful and superior method to produce a solid Administrative Record that can possibly be used as admissible evidence to obtain and enforce a civil court judgment against anyone laying claim to your property.

Here is a brief outline of the steps that are normally required for the notary presentment process. Click the link in the top menu or;  GO HERE

We truly hope this information helps you acquire the remedy that you are seeking regarding all of your debt issues.

Ocwen Writes Open Letter to Homeowners Concerning Letter Dating Issues

Ocwen Writes Open Letter to Homeowners Concerning Letter Dating Issues

 

Ocwen CEO Ron Faris writes to its clients explaining what happened and what steps the company is taking to investigate the issue, identify any problems, and rectify the situation.
(Below)

October 24, 2014

Dear Homeowners,

In recent days you may have heard about an investigation by the New York Department of Financial Services' (DFS) into letters Ocwen sent to borrowers which were inadvertently misdated.  At Ocwen, we take our mission of helping struggling borrowers very seriously, and if you received one of these incorrectly-dated letters, we apologize. I am writing to clarify what happened, to explain the actions we have taken to address it, and to commit to ensuring that no borrower suffers as a result of our mistakes.

 What Happened

Historically letters were dated when the decision was made to create the letter versus when the letter was actually created. In most instances, the gap between these dates was three days or less.  In certain instances, however, there was a significant gap between the date on the face of the letter and the date it was actually generated. 

 What We Are Doing

We are continuing to investigate all correspondence to determine whether any of it has been inadvertently misdated; how this happened in the first place; and why it took us so long to fix it. At the end of this exhaustive investigation, we want to be absolutely certain that we have fixed every problem with our letters.  We are hiring an independent firm to investigate and to help us ensure that all necessary fixes have been made.

Ocwen has an advisory council made up of fifteen nationally recognized community advocates and housing counsellors. The council was created to improve our borrower outreach to keep more people in their homes. We will engage with council members to get additional guidance on making things right for any borrowers who may have been affected in any way by this error. 

 We apologize to all borrowers who received misdated letters.  We believe that our backup checks and controls have prevented any borrowers from experiencing a foreclosure as a result of letter-dating errors. We will confirm this with rigorous testing and the verification of the independent firm.  It is worth noting that under our current process, no borrower goes through a foreclosure without a thorough review of his or her loan file by a second set of eyes.  We accept appeals for modification denials whenever we receive them and will not begin foreclosure proceedings or complete a foreclosure that is underway without first addressing the appeal.

In addition to these efforts we are committed to cooperating with DFS and all regulatory agencies.

 We Are Committed to Keeping Borrowers in Their Homes
Having potentially caused inadvertent harm to struggling borrowers is particularly painful to us because we work so hard to help them keep their homes and improve their financial situations. We recognize our mistake.  We are doing everything in our power to make things right for any borrowers who were harmed as a result of misdated letters and to ensure that this does not happen again. We remain deeply committed to keeping borrowers in their homes because we believe it is the right thing to do and a win/win for all of our stakeholders.

 We will be in further communication with you on this matter.

 Sincerely,

Ron Faris
CEO

 

We will see how well that works out!

Fair Debt Collection Practices Act

Fair Debt Collection Practices Act

Fair Debt Collection Practices Act

As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996)

To amend the Consumer Credit Protection Act to prohibit abusive practices by debt collectors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end thereof the following new title:

TITLE VIII - DEBT COLLECTION PRACTICES  [Fair Debt Collection Practices Act]

Sec.
801.  Short Title
802.  Congressional findings and declaration of purpose
803.  Definitions
804.  Acquisition of location information
805.  Communication in connection with debt collection
806.  Harassment or abuse
807.  False or misleading representations
808.  Unfair practice
809.  Validation of debts
810.  Multiple debts
811.  Legal actions by debt collectors
812.  Furnishing certain deceptive forms
813.  Civil liability
814.  Administrative enforcement
815.  Reports to Congress by the Commission
816.  Relation to State laws
817.  Exemption for State regulation
818.  Effective date

§ 801.  Short Title  [15 USC 1601 note]

This title may be cited as the "Fair Debt Collection Practices Act."

§ 802.  Congressional findings and declarations of purpose  [15 USC 1692]

(a) There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

(b) Existing laws and procedures for redressing these injuries are inadequate to protect consumers.

(c) Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.

(d) Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.

(e) It is the purpose of this title to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

§ 803.  Definitions [15 USC 1692a]

As used in this title --

(1) The term "Commission" means the Federal Trade Commission.

(2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

(3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt.

(4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

(5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include --

(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;

(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and

(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

(7) The term "location information" means a consumer's place of abode and his telephone number at such place, or his place of employment.

(8) The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.

§ 804.  Acquisition of location information  [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.

§ 805.  Communication in connection with debt collection   [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY.  Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(b) COMMUNICATION WITH THIRD PARTIES.  Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

(c) CEASING COMMUNICATION.  If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

§ 806.  Harassment or abuse  [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

§ 807.  False or misleading representations  [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.

§ 808.  Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B) there is no present intention to take possession of the property; or

(C) the property is exempt by law from such dispossession or disablement.

(7) Communicating with a consumer regarding a debt by post card.

(8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

§ 809.  Validation of debts   [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

§ 810.  Multiple debts  [15 USC 1692h]

If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions.

§ 811.  Legal actions by debt collectors   [15 USC 1692i]

(a) Any debt collector who brings any legal action on a debt against any consumer shall --

(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --

(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commencement of the action.

(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.

§ 812.  Furnishing certain deceptive forms  [15 USC 1692j]

(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

(b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.

§ 813.  Civil liability  [15 USC 1692k]

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.

(b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors --

(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or

(2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional.

(c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.

(e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

§ 814.  Administrative enforcement   [15 USC 1692l]

(a) Compliance with this title shall be enforced by the Commission, except to the extend that enforcement of the requirements imposed under this title is specifically committed to another agency under subsection (b). For purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of this title shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.

(b) Compliance with any requirements imposed under this title shall be enforced under --

(1) section 8 of the Federal Deposit Insurance Act, in the case of --

(A) national banks, by the Comptroller of the Currency;

(B) member banks of the Federal Reserve System (other than national banks), by the Federal Reserve Board; and

(C) banks the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), by the Board of Directors of the Federal Deposit Insurance Corporation;

(2) section 5(d) of the Home Owners Loan Act of 1933, section 407 of the National Housing Act, and sections 6(i) and 17 of the Federal Home Loan Bank Act, by the Federal Home Loan Bank Board (acting directing or through the Federal Savings and Loan Insurance Corporation), in the case of any institution subject to any of those provisions;

(3) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union;

(4) subtitle IV of Title 49, by the Interstate Commerce Commission with respect to any common carrier subject to such subtitle;

(5) the Federal Aviation Act of 1958, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that Act; and

(6) the Packers and Stockyards Act, 1921 (except as provided in section 406 of that Act), by the Secretary of Agriculture with respect to any activities subject to that Act.

(c) For the purpose of the exercise by any agency referred to in subsection (b) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title any other authority conferred on it by law, except as provided in subsection (d).

(d) Neither the Commission nor any other agency referred to in subsection (b) may promulgate trade regulation rules or other regulations with respect to the collection of debts by debt collectors as defined in this title.

§ 815.  Reports to Congress by the Commission  [15 USC 1692m]

(a) Not later than one year after the effective date of this title and at one-year intervals thereafter, the Commission shall make reports to the Congress concerning the administration of its functions under this title, including such recommendations as the Commission deems necessary or appropriate. In addition, each report of the Commission shall include its assessment of the extent to which compliance with this title is being achieved and a summary of the enforcement actions taken by the Commission under section 814 of this title.

(b) In the exercise of its functions under this title, the Commission may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 814 of this title.

§ 816.  Relation to State laws  [15 USC 1692n]

This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this title if the protection such law affords any consumer is greater than the protection provided by this title.

§ 817.  Exemption for State regulation   [15 USC 1692o]

The Commission shall by regulation exempt from the requirements of this title any class of debt collection practices within any State if the Commission determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this title, and that there is adequate provision for enforcement.

§ 818.  Effective date  [15 USC 1692 note]

This title takes effect upon the expiration of six months after the date of its enactment, but section 809 shall apply only with respect to debts for which the initial attempt to collect occurs after such effective date.

Approved September 20, 1977

ENDNOTES

1. So in original; however, should read "604(a)(3)."

LEGISLATIVE HISTORY:

Public Law 95-109 [H.R. 5294]

HOUSE REPORT No. 95-131 (Comm. on Banking, Finance, and Urban Affairs).

SENATE REPORT No. 95-382 (Comm. on Banking, Housing, and Urban Affairs).

CONGRESSIONAL RECORD, Vol. 123 (1977):

Apr. 4, considered and passed House.

Aug. 5, considered and passed Senate, amended.

Sept. 8, House agreed to Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 39:

Sept. 20, Presidential statement.

AMENDMENTS:

SECTION 621, SUBSECTIONS (b)(3), (b)(4) and (b)(5) were amended to transfer certain administrative enforcement responsibilities, pursuant to Pub. L. 95-473, § 3(b), Oct. 17, 1978. 92 Stat. 166; Pub. L. 95-630, Title V. § 501, November 10, 1978, 92 Stat. 3680; Pub. L. 98-443, § 9(h), Oct. 4, 1984, 98 Stat. 708.

SECTION 803, SUBSECTION (6), defining "debt collector," was amended to repeal the attorney at law exemption at former Section (6)(F) and to redesignate Section 803(6)(G) pursuant to Pub. L. 99-361, July 9, 1986, 100 Stat. 768. For legislative history, see H.R. 237, HOUSE REPORT No. 99-405 (Comm. on Banking, Finance and Urban Affairs). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 2, considered and passed House. Vol. 132 (1986): June 26, considered and passed Senate.

SECTION 807, SUBSECTION (11), was amended to affect when debt collectors must state (a) that they are attempting to collect a debt and (b) that information obtained will be used for that purpose, pursuant to Pub. L. 104-208 § 2305, 110 Stat. 3009 (Sept. 30, 1996).

Questions for Discovery, Disclosure, and Remedies

Questions for Discovery, Disclosure, and Remedies:     

.
1. What are some the Instruments, Documents or Articles of Evidence lawfully needed and necessary for the Banks, the Loan Officers, the Debt Collectors, or for the sponsoring Corporate City of Philadelphia, to enter into ‘Evidence’ before competent judicial Court(s) ‘Moved’ to sanction the ‘Writs of Execution’ or any other Actions used to seize or to claim confiscation - ownership of the Homeowner(s) private properties? Are you aware of the existence of such requisite Instruments? Were you given certified copies of any of these Instruments before the Action(s) were commenced? Did you, the Homeowner(s) or Borrower(s) publicize a claim for your undisclosed Estate(s) or (Trusts) or were you given the opportunity to Discharge the alleged Debts? Did proper sanctioning Courts and the Sheriff rightly examine and investigate the following (for the Record) as required by due process?

a.) Submission of Original Promissory Note(s) (front and back). _____.

b.) Submission of every Allonge (front and back). _____.

c.) Shown to the Court(s) evidentiary proof of the true Holder(s) and filed Documented proof of Authority for someone to ‘Represent’ or to ‘Act’ for the lawfully - verified and reachable Holder(s). _____.

Yes _____.   No _____. I Don’t Know _____.      

.
2. The word, Mortgage means, ‘Dead Pledge’! Affirm for the record what is ‘dead’ about a Mortgage and ‘who’ is the Pledge?
I Knew The Meaning of A Mortgage.________.  
I Did Not Know. _____.
The _________________ is ‘Dead’.    _____________________is the ‘Pledge’.
I Do Not Know Who The Pledge Is. ____.     
.
3. Name the Person or Party that issued the MORTGAGE, and is that Party lawfully documented and identified as the present HOLDER(s) of the alleged LOAN or PROMISSORY NOTE?
The Verified Holder is:___________________________.
I Don’t Know _____.                
.
4. Did the Bank Representative, Loan Officer or PARTY issuing the LOAN, sell the MORTGAGE / LOAN to another PARTY? If so, how soon after, were the MORTGAGE / LOAN sold after their initial issue? Were you, the Borrower, informed of a sale?
Yes _____.  No _____.  
.
5. How much MONEY (Specie) did the Bank Representative(s) or Loan Officer(s) place in the hand of the alleged Borrower? Did a physical transaction of any MONEY (specie) from the Lender to the Borrower ever take place during the commencement or execution of the MORTGAGE agreement contract?
Yes _____.  No _____.
How Much Money (Specie) Was Given? ________________________.              
.
6. Did the Bank Representative(s) or Loan Officer(s) give the alleged Borrower any tangible thing at all, other than to give to the alleged borrower a copy of the Promissory Note Contract?
Yes _____.  No _____.                 
.
7. Did the Bank Representative(s) or Loan Officer(s) sign the MORTGAGE CONTRACT (with a wet-ink signature) at the time of the execution of the Loan Contract, to seal the deal with the alleged Borrower?
Yes _____.  No _____.                 
.
8. Did the Bank Representative(s) or Loan Officer(s) inform the Borrower that he or she (the Lender) was planning to, or that he or she (the Lender) was authorized by the Borrower(s), to open up or to establish a TRUST ACCOUNT in the Borrower’s name(s)?
Yes _____.  No _____.                
.
9. Did the Bank Representative(s) or Loan Officer(s) give you (the Borrower), the original or a certified copy of the DEED OF TRUST?
Yes _____.  No _____.                 
.
10. Did the Bank Representative(s) or Loan Officer(s) (at any time during the construction of the Mortgage or Agreement) say that you, the Borrower, bequeaths or donates your home or property as a GIFT (de donis) to the Bank Representative(s) or Loan Officer(s)? Was the subject of the home or property (as a gift to them) ever discussed?
Yes _____.  No _____.                
.
11. Did you, the alleged Borrower(s), receive any MONEY (specie) derived from any benefits generated by the ‘DEED OF TRUST’ or by any other Agreement(s) from the Bank Representative(s) or Loan Officer(s)?
Yes _____.  No _____.                 
.
12. Did the Bank Representative(s) or Loan Officer(s) receive any MONEY or BENEFITS from, or have access to money derived from, the DEEDS OF TRUST and informing the Borrower(s), of such transactions?
Yes _____.  No _____. I Don’t Know _____.     
.
13. Did the Bank Representative(s) or Loan Officer(s) inform you, the Homeowner(s), about the type of TRUST that was created in your name(s)? Is it a Cestui Que Trust?
Yes ____.  No ____. I Don’t Know ____.
Is it a Cestui Que Use Trust?         Yes ____.  No ____. I Don’t Know ____.
Is it a Cestui Que Vie Trust?       Yes ____.  No ____. I Don’t Know____. 
.
14. Did the Bank Representative(s) or Loan Officer(s) at any time, make any verbal or written TRUST REPORTS to you, the alleged Borrower(s)? Did the Trustee(s) mention ‘Reconveyance’ to you?
Yes _____.  No _____.                 
.
15. Are the Bank Representative(s) or Loan Officer(s) the proven and legitimate HOLDERS of the MORTGAGES, or are they acting with deceit and Arbitrary when, in fact, they are not the true HOLDERS? Are they seeking to opportunistically Claim private properties under some undisclosed ‘Rules of ABANDONMENT’ of the Deeds of Trust, of which the Borrowers were not informed?
Yes _____.  No _____. I Don’t Know _____.                
.
16. Did verified, competent Courts and the Sheriff examine and investigate the Instruments entered into the PUBLIC RECORD by the Bank Representative(s) or Loan Officer(s) before initiating or moving to grant FORECLOSURE Orders and WRITS OF EXECUTION? Were the Homeowners informed by the Trustee(s) or Feoffer(s) prior to the Foreclosure Actions, or about the Trustee’s plan to sell the Deeds of Trust?Yes _____.  No _____. I Don’t Know _____.                
.
17. Are there any other unidentified Assigns, Parties, Trustees, Feoffers, Trusts, or associated Instruments, about whom or which the Homeowner(s) or property owner(s) should be informed by Disclosure?
Yes _____.  No _____. I Don’t Know _____.                 
.
18. Do the Homeowners, whose names were placed on undisclosed TRUSTS by the Bank Representative(s) or Loan Officer(s), have access to, or have Beneficiary Rights of Emoluments or Possession to, the profits generated by the Deeds of Trust?
Yes _____.  No _____. I Don’t Know _____.      
.
19. Do you, or did you, the Homeowner or property owner, plan or intend to ABANDON your Home or Private Property or to sell the Deed of Trust?
Yes _____.  No _____.      
.
20. Did the Bank Representative(s) or Loan Officer(s) threaten, coerce, pressure, or by some other manner or influence, tell, or encourage you, (the Homeowner) to ABANDON your Home, Private Property, or Deed of Trust?
Yes _____.  No _____.     
.
21. Was the Sheriff paid or compensated in any undisclosed form by the Banks or Loan Officers to enforce the WRITS OF EXECUTION against Homeowners or property owners?           
Yes _____.  No _____. I Don’t Know _____.     
.
22. Have the Homeowners or any other Representative(s) acting on their behalf, assured that these primal matters are in proper order, and that the same have been ‘Disclosed’ to the Homeowners and property owners? Have all due processes of law been affirmatively followed by the Courts and the Sheriff, and posted for the ‘Public Record’ before any Foreclosure Actions were sanctioned?
Yes _____. No _____. I Don’t Know _____. 
.
b ____________________________________________ a   
.
    Additional Notices:  If the Foregoing Questions are not certifiably and affirmatively understood, answered and documented ‘For the Record’, then the Homeowners, property owners, and the ‘Coalition’ participants have much more active studies, demands, and Discovery - demand work to do! Get busy before any other ill-informed ralliers or RALLIES are held in vain; or before any other untenable FORECLOSURE, OR SHERIFF’S SALES take place!!! The threatened sales of natural peoples’ private properties were, are, and have been posted in the public newspapers and public records! When any government official or Public Servant uses authority to rule against, or to make judgements or decrees against the natural people or citizens, which terminate in the injury, loss of property, loss of liberties, or the interruption, confiscation, or restriction of any substantive right, such Public Servant(s) must also post in those same publications and instances, the verifiable and documented “Delegation of Authority Order” (D.O.A.O.) of the Officer(s) exercising such powers.       
.
     A Sheriff is the Chief Executive and Administrative Officer of a county; holding this seat of Office by virtue of being chosen by popular ELECTION. The Sheriff’s principal duties are to aid the Criminal Courts and Civil Courts of Record. They are assigned to such acts as, serving process; summoning juries; executing judgements; holding judicial sales; and other associated law and legal matters. The Sheriff is also the chief conservator of the peace within his or her territorial jurisdiction. This delegated authority also includes the Deputy Sheriff.

Deeds of Trust do NOT convey a right to Foreclose

Published on May 27, 2014

By Tex Mason
www.thctrust.org

The Mortgage Deed in itself does not attach to, nor does it create an enforceable right for the BANK (and their Attorney) to enforce an action (foreclosure) against your property. This is according to the Uniform Commercial Code (UCC) article 9-203(b).

Why is this an important find?
Before an Attorney can initiate an action to foreclose, the LAW requires that he produce a statute or a contract from which he derives his authority to take such action. Without such authority written in a Law or a Contract, the Bank (or Attorney) has no legal authority to take such action.

Typically, during the initiating of a foreclosure proceeding, the attorney will file a copy of the Mortgage Deed into the court docket. You may not understand what he is doing. He is essentially trying to create the presumption in the court, that the Security Deed conveys or grants the Bank the right to attach to and foreclose against your property.

It is important that you research UCC article 9-210 so you can understand how to apply it in court, in such a way to disprove and diffuse the presumption made by the Attorney.

You may be wondering how is all of this allowed to happen if the Mortgage Deed doesn't authorize such a right. Well ignorance of the law is no excuse. The Attorney is banking on the fact that you are ignorant to the law, and that you will not challenge his authority in the matter.

Now that you know the law, you actually may have a valid counter-claim for "Fraud on the Court"

The attorney knows that the Mortgage Deed doesn't convey a right to foreclose, but he introduced the document to intentional mislead the court and/or to make a false representation.

This is not legal advice and I do not practice law. For more lectures like this and other information visit www.thctrust.org